Kyle, TX asked in Family Law for Texas

Q: Never legally married, together for almost 25yrs. Do I need to file for divorce?

He confessed to cheating on me since March and left in June. Our kids are 22,20&18 and our youngest is in school. He runs his own company. Do I need to file for divorce? Am I entitled to part of the company? Am I entitled to child support? Or any kind of financial help from him?

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2 Lawyer Answers
Rahlita D. Thornton
PREMIUM
Rahlita D. Thornton
Answered
  • Houston, TX
  • Licensed in Texas

A: You may be common law married. Facts such as holding yourselves out as husband and wife to the public is where to start. Then you will have property that the courts can divide. Hope this helps. Good luck 888-343-4529.

Jon R. Boyd
Jon R. Boyd
Answered
  • Fort Worth, TX
  • Licensed in Texas

A: You may have a common law marriage. It requires proof of three elements: 1. Agreement to consider yourselves married; 2. Cohabitation in the State of Texas; 3. Holding out/representing to the public that you are married.

The third one is usually the disputed issue. You can prove it by eyewitnesses, but the best evidence is documents showing that you are married.

Hope this helps, but you definitely need to hire a lawyer for this kind of case. If you'd like my help, call me at 817-338-4500. -Jon R Boyd

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